Mentha Corp. v. Zoning Board of Adjustment of City of Philadelphia & Captree Associates

Opinion by

Judge Wilkinson,

This case involves the very narrow point of the dimensions of a “lot” within the meaning of section 14-306(4) of the Philadelphia Zoning Code. Put another way, the question to be resolved is whether the area of the lot defined in section 14-306 (4) includes the area of an easement which, at ground level, the owner or developer cannot use, develop or build upon. This question has been passed upon in this case by many levels and departments of the city government. Initially, it was passed upon by the Department of Streets on December 31, 1968. Next there was an opinion…